Eversource 2013 Annual Report Download - page 38

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DOE Phase II Damages - In December 2007, the Yankee Companies each filed subsequent lawsuits against the DOE seeking
recovery of actual damages incurred in the years following 2001 and 2002 related to the alleged failure of the DOE to provide for a
permanent facility to store spent nuclear fuel generated in years after 2001 for CYAPC and YAEC and after 2002 for MYAPC (DOE
Phase II Damages). On November 18, 2011, the court ordered the record closed in the YAEC case, and closed the record in the
CYAPC and MYAPC cases subject to a limited opportunity of the government to reopen the records for further limited proceedings.
On November 15, 2013, the court issued a final judgment awarding CYAPC $126.3 million, YAEC $73.3 million, and MYAPC $35.8
million. On January 14, 2014, the Yankee Companies received a letter from the U.S. Department of Justice stating that the DOE will
not appeal the court's final judgment. As of December 31, 2013, CL&P, NSTAR Electric, PSNH, WMECO, CYAPC, and YAEC have
not reflected the impact of these expected receivables on their financial statements.
The methodology for applying the DOE Phase II Damages recovered from the DOE for the benefit of customers of CL&P, NSTAR
Electric, PSNH and WMECO will be addressed in FERC rate proceedings.
DOE Phase III Damages – On August 15, 2013, the Yankee Companies each filed subsequent lawsuits against the DOE seeking
recovery of actual damages incurred in the years 2009 through 2012. Responsive pleading from the Department of Justice was filed on
November 18, 2013, and discovery is expected to begin once a protective order is in place.
2. Conservation Law Foundation v. PSNH
On July 21, 2011, the Conservation Law Foundation (CLF) filed a citizens suit under the provisions of the federal Clean Air Act against
PSNH alleging permitting violations at the company’s Merrimack generating station. The suit alleges that PSNH failed to have proper
permits for replacement of the Unit 2 turbine at Merrimack, installation of activated carbon injection equipment for the unit, and violated
a permit condition concerning operation of the electrostatic precipitators at the station. The suit seeks injunctive relief, civil penalties,
and costs. CLF has pursued similar claims before the NHPUC, the N.H. Air Resources Council, and the N.H. Site Evaluation
Committee, all of which have been denied. PSNH believes this suit is without merit and intends to defend it vigorously. On
September 27, 2012, the federal court dismissed portions of CLF’s suit pertaining to the installation of activated carbon injection and the
electrostatic precipitators. The case is expected to proceed to trial over the course of the next two years.
3. Other Legal Proceedings
For further discussion of legal proceedings, see Item 1, Business: "- Electric Distribution Segment," "- Electric Transmission Segment,"
and "- Natural Gas Distribution Segment" for information about various state regulatory and rate proceedings, civil lawsuits related
thereto, and information about proceedings relating to power, transmission and pricing issues; "- Nuclear Decommissioning" for
information related to high-level nuclear waste; and "- Other Regulatory and Environmental Matters" for information about proceedings
involving surface water and air quality requirements, toxic substances and hazardous waste, electric and magnetic fields, licensing of
hydroelectric projects, and other matters. In addition, see Item 1A, Risk Factors, for general information about several significant risks.
Item 4. Mine Safety Disclosures
Not applicable.
EXECUTIVE OFFICERS OF THE REGISTRANT
The following table sets forth the executive officers of NU as of February 15, 2014. All of the Company’s officers serve terms of one
year and until their successors are elected and qualified:
Name
Age
Title
Jay S. Buth
44
Vice President, Controller and Chief Accounting Officer.
Gregory B. Butler
56
Senior Vice President, General Counsel and Secretary.
Christine M. Carmody*
51
Senior Vice President-Human Resources of NUSCO.
James J. Judge
58
Executive Vice President and Chief Financial Officer.
Thomas J. May
66
Chairman of the Board, President and Chief Executive Officer.
David R. McHale
53
Executive Vice President and Chief Administrative Officer.
Joseph R. Nolan, Jr.*
50
Senior Vice President-Corporate Relations of NUSCO.
Leon J. Olivier
65
Executive Vice President and Chief Operating Officer.
* Deemed an executive officer of NU pursuant to Rule 3b-7 under the Securities Exchange Act of 1934.
Jay S. Buth. Mr. Buth has served as Vice President, Controller and Chief Accounting Officer of NU, CL&P, NSTAR Electric, NSTAR
Gas, PSNH, WMECO, Yankee Gas and NUSCO since April 10, 2012. Previously, Mr. Buth served as Vice President-Accounting and
Controller of NU, CL&P, PSNH, WMECO, Yankee Gas and NUSCO from June 2009 until April 10, 2012. From June 2006 through
January 2009, Mr. Buth served as the Vice President and Controller for New Jersey Resources Corporation, an energy services holding
company that provides natural gas and wholesale energy services, including transportation, distribution and asset management.